Callicott v. Parks
Mississippi Supreme Court
Appeal from the Chancery Court of Tate County. Hon. R. W. Williamson, Chancellor, presiding, in place of Hon. J. B. Morgan. In 1862, James H. Wilkins died, and by his last will and testament left all of his estate to his widow, Lucinda M. Wilkins, for the period of her natural life, and at her death to Jennie Callicott and others, the appellants herein.
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Appeal from the Chancery Court of Tate County. Hon. R. W. Williamson, Chancellor, presiding, in place of Hon. J. B. Morgan. In 1862, James H. Wilkins died, and by his last will and testament left all of his estate to his widow, Lucinda M. Wilkins, for the period of her natural life, and at her death to Jennie Callicott and others, the appellants herein. Mrs. Wilkins qualified as administratrix of the estate, and acted in that capacity for four years, when she resigned, and an administrator de bonis non with the will annexed was appointed and took charge of the administration. On the 5th of…
1Opinion of the Court
.Campbell, J.,
delivered the opinion of the court.
The life-estate should not be charged with interest accrued on the $5,000 before it was paid. In this suit we are dealing-with the rights of the parties in reference to the $5,000 paid for the land, and are content to charge the life-estate with the interest accrued on that sum during the continuance of that estate.
The chancellor adopted the correct rule, as. applicable to this case, for apportioning the burden of the charge between the life-estate and the remainder. He held that the estate for life should pay the interest during its…
2Cases cited1 opinion
- Foster v. HilliardU.S. Circuit Court for the District of Massachusetts · 1840
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